Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-11

MI Gs /.
APPLICATION FOE PATENT.
Where papers have once been filed with the
Register and Receiver they become . part OF
the record, and can mother be withdrawn nor
returned, but must be transmitted TO the Gen
eral Land Once.
An application will be rejected when the
scription OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be.
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in .
newspaper designated 10 published nearestth the
claim.
Third-Rccord title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 3 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
tinct portions Of . claim. application for
patent may be made by either for tbs portion
OF the claim owned by him; but where several
parties own undivided interests In q mining
claim all should JOHN In an application for q
patent.
A person or association may purchase a.
many placer locations o. the local law admits.
and embrace them al In one application for .
patent.
Two or more lodes cannot be embraced In
one application for . patent except Tor placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act - . deputy for the Register and Re-
ceiver cannot be recorded a. evidence.
In all patents for mining claims situated
within the interior boundaries Of . town site
q clause is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks. streets, alleys or other municipal I'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers, and in daily
newspapers so days must elApse between the
| first and last insertions.
Where the Register d esignates the daily issue
of q newspaper fer publication Of notices Of Q
pliance with law to change to the weekly edi.
zion Of the same paper without authority OF
the Register.
The existence Of . salt spring on Q tract OF
land withdraws 1t from the operation Of the
homestead and presumption laws, A hearing
for the purpose Of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate snd
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers In an adverse claim, once nlsd
cannot be Withdrawn. but become 90 q part OF th.
record.
When an adverse claim has been fied 1t can
not be amended 50 as to embrace q larger per
ton OF the premises than that described ia tn,
original adverse claim.
An adverse claim must be made out Ii
proper form and flied IN the proper local Off Q,
during the period OF publication OF the appli
cation for the patent to be effective.
1t fs the duty Of the adverse claimant
suit In proper form within the re
CURED time. snd II he trusts ,he uncertain
medium OF the United States mail he mus
abide the consequences. should the delsS
ensue,t through misfortune or accident. Should
the failure to commence suit be the result O,
tho cor eupt or dishonest acton OF his s~tterney
the Interior Department csnnot redress tn,
wrong.
An adverse claimant should set forth In dc
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody
ing conclusions Of law, without stating III,
facts specially, Will not be considered In evi
dence.
An adverse claimant should show q compli
ance with the local laws IN recording his claiu
and in regard to expenditures. and shall nile
copy Of the original notice Of his location, ant
show the nature or extent Of the conflc
alleged.
An allegation Of parties to q suit that the,
compose the company 10 sufficient. and thel
are not required to prove that they are tn.
original ~locstors or the identical parties whs
present the adverse claim.
AGRICULTURAL oR MINERAL LANDS.
Where land 10 of little, II any vs,ue, for aQrl.
cultural purposes. but IL essential to the
proper development of mining claims, 4,
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been Included In IN agricultural
entry, said entry will be cancelled &C any time
prior to issuance of patent. upon satisfactory
evidence OF the existence Of such valssbls de.
posits.
Where valuable deposits Of mineral are dis.
covered upon . tract sfter the SAINT ,ss been
entored as agricultural. but before / Aent has
been issued. the parties claiming the mine
may make application for patent for same
and the agricultural entry win be Cancelled a.
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued TO an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIEHs.
a foreigner may make . mining location
dispose OF 1t. provided he becomes 4 citizen
before disposing OF the mine. Proof that the
party was not 9 citizen before disposIng Of his
claim must be afirmatively shown.
Locators and Intermediate owners. othe,
than applicants. will not be presumed aliens
In the absence Of allegation or objection prio,
to issuance Of patent.
The portion Of Q mining claim sold 10 an
alien cannot be patented while such owner n
an alien; but on his declaration, 0 become !
citizen his right dates back TO his purchsse
aud he may thereupon secure United State
patent for his claim.
CROSS Lxpaxs.
revised Statutes. Section 2.336:
Where two or more lodges GROSS or fntersec,
each other. priority Of title shall govern. M
SUCH prior location shall be entitled to ali ore
or mineral contsined within the space Of inter,
section, but the subsequent location shall have
sne right OF way through the space Of inter
section for the purpose Of the conysnient
WORKING OF the mine. And where two or more
veins unite the oldest or prior ~Iocatfon shsll